R  VISAS FOR RELIGIOUS OCCUPATION

1. Non-Immigrant visa for:

   • A minister: Deacons, practitioners of Christian Science arid officers of the Salvation Army may be deemed ministers. 

   • A person working in a professional capacity in a religious, vocation or occupation; or

     1. Professional capacity is occupation defined at INA § 101(a)(32) or B.A. as minimal requirement. 22 CFR § 41.58. However, INS defines it only as B.A. degree or foreign equivalent degree. 

     2. Religious occupation is activity which relates to traditional religious function, e.g., cantors, liturgical workers, translators, religious broadcasters, workers in religious hospitals, but not if they are performing lay work (e.g., nurses not eligible). Does not include clerks, fundraisers or maintenance workers. 
        

     3. Religious vocation relates to traditional religious function, e.g., nun, monk. If person practicing vocation it does-not matter what job sl11e performs (e.g., could include janitor). 
        

   • A person working for a religious organization in a religious vocation or occupation; and
     

   • Who for 2 years immediately preceding the application has been a member of the religious denomination having a bona fide nonprofit religious organization in the U.S. Does not require prior employment with the organization as in special immigrant category. If person is merely member of denomination that is sufficient. INS cannot require proof that someone has been practicing in a profession prior to entering on an R-1. 

     Factors to consider to determine bona fide religious denomination are the presence of some form of ecclesiastical government, a recognized creed and form of worship, a formal code of doctrine and disciplines; religious services and ceremonies, established places of religious worship, and religious congregations. 

     Membership established by letter from appropriate official.
     

2. Entry limited to 5 years. 
   

3. Spouse and children may accompany or follow to join.
   

4. Do not need prior INS approval.
   

5. Evidence, Procedures and Admission:
   

   • Must apply at consular post or if in U.S. on I-129 for CIS. Applicant does not need an approved I-129 to obtain visa at the consular post. Canadians may apply at the border for the R-l.

   • Initial admission is for 3 years with extension on I-129 for a period up to 2 years. Total period of stay is 5 years. After 5 years must reside and physically present outside U.S. for one year, except for brief visits, to be eligible again.

   • If change of employer, then must file new I-129.

   • Spouse and children are granted R-2 status.

   • Evidence:

     1. Tax exemption of U.S. Organization or documentation required to obtain IRS § 501(c)(3).

     2. Letter from authorized official employing person. The letter must establish that person has required 2 year membership, if the membership was maintained in whole or part outside the U.S., and that the foreign and U.S. religious organization belong to the same religious denomination. The letter must also establish the person's qualification, remuneration and the name and location of the U.S. organization.

For further information, send your query to Aparna Davé.